Regulatory Framework for Geothermal Development in Kenya

Abstract

Geothermal energy is considered one of the benign energy sources. However, it has its own effects that require prevention, minimisation and mitigation. This can be done through regulations besides other means. Currently only about 10 % of electric energy in Kenya is derived from geothermal despite the vast potential in existence in the Kenyan Rift valley, the greatest proportion coming from hydro. This may change in the future to contribute a greater proportion due to negative worldwide lobbying by environmentalists against hydropower dam development on what is perceived as negative environmental impacts.
Based on experience from other natural resources, when access is unregulated the environment suffers hence the importance of regulations in geothermal development.
The objective of this paper is to discuss a number of items of Kenyan legislation and their implications for geothermal development.
Besides legislation, there are policies that are also part of the regulatory mechanism on matters concerning geothermal. Some of the legislation is old and does not suit the current policies and undertakings in geothermal development, so it needs to be reviewed. Some Acts also address issues that are addressed in other legislation that also affects geothermal development thus causing duplication. Thus there is need to establish a central body to co-ordinate and harmonise regulatory issues in connection with investment in geothermal.
The importance of regulations cannot be overemphasised as they ensure sustainable utilisation of resources and a healthy environment. There is need for all those interested in investing in geothermal development to ensure they are aware of all the legislation that will affect their activities before embarking on any development.